2013

Go Back & Do It Right!

 

Wednesday December 11, 2013

Here is our upcoming call to action in The Paumalu Press

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

Gil Riviere on HPR

 

Wednesday December 04, 2013

Listen to Gil’s interview on HPR’s ‘The Conversation

KNSC Files Suit Against Turtle Bay's SEIS

 

Tuesday December 03, 2013

Keep The North Shore Country ("KNSC") filed a lawsuit asking the Circuit
Court to require Turtle Bay Resort, LLC, ("Turtle Bay") to properly study the environmental
impacts of its proposed expansion plan. KNSC requests Turtle Bay's Supplemental
Environmental Impact Statement (“SEIS”) be set aside for five specific reasons:
 
One, Turtle Bay failed to accurately describe the proposed project and
therefore it is impossible to legally evaluate the project's actual
environmental impacts;
 
Two, Turtle Bay uses the “Full Build Out” alternative from 1985 for the
purpose of environmental impact comparisons, even though Turtle Bay
has no intention of pursuing the "Full Build Out," thereby skewing the
results;
 
Three, the SEIS does not adequately and vigorously evaluate a “No
Action" alternative as specifically required under the law;
 
Four, the SEIS fails to adequately evaluate cumulative traffic impacts;
 
Five, the SEIS violates the law by failing to properly evaluate the impacts
for wetlands, marine water quality and threatened and endangered species.
 
In 2010, the Hawai`i Supreme Court determined a 1985 Environmental Impact
Statement was no longer valid for the Turtle Bay Resort's planned expansion. KNSC and
Sierra Club, Hawaii Chapter were the plaintiffs in that case, known as Unite Here! vs.
City & County of Honolulu.
 
The Final SEIS was accepted by the City & County of Honolulu Department of
Planning and Permitting ("DPP") on October 3, 2013 and public notification of this
decision was given on October 23, 2013. KNSC provided extensive comments to DPP
and Turtle Bay on the Draft SEIS, including grave concerns about the lack of proper
baseline analysis: the "No Action" alternative. Unfortunately, the Final SEIS remains
fatally flawed and should have been rejected by DPP.

Here is a copy of the complaint

Here is our official Press Release

UPDATE: Counsel Is Retained!

 

Thursday November 07, 2013

Counsel Is RetainedThe Directors of Keep the North Shore Country were not satisfied with the Turtle Bay Resort (TBR) Final SEIS and their response to the issues and concerns we expressed. The City Department of Planning and Permitting (DPP) accepted the TBR SEIS on October 3, 2013 and notice of this acceptance was posted publicly on October 23, 2013.

We have retained Rory Wicks of the Coast Law Group to provide issue and environmental law expertise. In 2010, Rory successfully argued our case before the Hawaii Supreme Court, which ruled that the Turtle Bay Resort expansion does require a Supplemental Environmental Impact Statement. 

We have retained Philip R. Brown and his law firm to represent us in the State of Hawaii and to partner with Rory.
Phil, Rory and their staffs will help us review our options and consider appropriate next steps. Should we determine that a clearly defined legal action is available, we know from winning the first Turtle Bay case that litigation will likely be quite costly. So, after a three year hiatus, we are again asking for your financial support. KNSC is a 501(c)(3) non-profit organization.  

• Tax deductible contributions can be made HERE.
• Your previous and continuing support is greatly appreciated!

Conservation Efforts for the Turtle Bay Lands

 

Thursday September 05, 2013

9/5/13 - Conservation easement discussions continue between the State of Hawaii and Turtle Bay Resort.  This follows passage of SCR164, which is a resolution of the State Legislature encouraging the Governor to support efforts to identify viable land conservation alternatives for the undeveloped portions of the Turtle Bay lands.  The Department of Land and Natural Resources, the North Shore Community Land Trust, and the developers have been working towards on the details with November as the target date for an agreement.  

3/5/13 - Following a March 4, 2013 letter from Replay Resorts, Senator Hee agreed to hold SB 894 so that the resort developer can begin good faith negotiations with the State regarding conservation of coastal lands.

Willingness by the Developer to expand dialogue is welcome and timely.  Here is our statement on the matter. 

OpEd by Trust for Public Land and North Shore Community Land Trust - 4/18/13
Star Advertiser editorial - 3/6/13
Star Advertiser article - 3/6/13
Hawaii Reporter article - 3/5/13

Gil Riviere spoke with Beth Ann Koslovich about SB894.  Listen to the interview from 34:29 to 44:00 in the timeline. -2/27/13

2/27/13 - The Senate Committee on Judiciary and Labor and the Committee on Ways and Means passed SB894 on February 27th.  The bill will go before the Senate for passage to the House on Tuesday.

Star Advertiser article
KHON Coverage

2/22/13 - The Senate Committee on Judiciary and Labor and the Committee on Ways and Means deferred SB894 until February 27th.

2/3/13 - A bill that could save Kawela Bay and other beaches at the Turtle Bay Resort from development will be heard by a Senate Committee on Tuesday afternoon, at 1:50 p.m., in Capitol Room 225.

SB 894 authorizes the state to expend funds, swap land and explore other solutions to help preserve Turtle Bay lands.  This may be a winning strategy because the current developer is willing to explore conservation alternatives and the state will be left with unsolvable traffic problems if the currently proposed plan is implemented.

Please submit a statement of support for SB 894 here.  Your comments can be a simple as "Please pass SB 894." or you can add details with "I support SB 894 because..."  Click here for more information and sample testimony.

If you can, please try to present your testimony in person at the Capitol on Tuesday.  The hearing is scheduled to begin at 1:50 p.m., but this could be delayed if earlier hearings run longer than planned.

We wish to thank Senator Clayton Hee for introducing SB 894 and to Senator Malama Solomon for scheduling the bill for hearing.

This is an important bill to keep alive, so please submit your testimony - right now.  Please submit a statement of support for SB 894 here.  Mahalo.    -

SEIS Documents:

 

Tuesday February 26, 2013

OEQC Environmental Notice - 11/23/12   (TBR is item 3.)
DSEIS, Volume One, Chapters 1-8   (Volumes 2-4 are Appendices) 
Complete DSEIS with Appendices   (1635 pages load slowly from OEQC site)

Draft Supplemental EIS

 

Sunday February 03, 2013

Turtle Bay Resort, LLC, published its Draft Supplemental Environmental Impact Statement (DSEIS) on November 23, 2012.  The Statutory Deadline for submitting comments was January 7, 2013, but the developer voluntarily invited comments until January 18, 2013.
Turtle Bay Resort is now in the process of reviewing and responding to comments made on their Draft Supplemental EIS (DSEIS).  Keep the North Shore Country, several organizations and many concerned individuals uncovered serious flaws in the DSEIS.
We have requested the Department of Planning and Permitting require proper impact analyses and a Revised DSEIS to be circulated for additional comment.  It is unreasonable that such a flawed document as the DSEIS might be accepted without major revisions.   - 2/3/13    

Here are links to certain comments submitted by us and other concerned organizations.


Keep the North Shore Country Comments on the DSEIS
Additional Comments from Director Lucky Cole

Comments from other concerned organizations: 
Sierra Club, Hawaii Chapter
Center for Biological Diversity
Conservation Council for Hawaii
Defend Oahu Coalition
Life of the Land
North Shore Outdoor Circle
The Outdoor Circle
Unite Here Local 5